Babylon Town, N.Y., Code of Ordinances ch. 153 (eCode360 ed. 2026) § 153-30
Penalties for violations
Operative Text
A. Any person who shall allow, permit or suffer the existence of more dwelling units than permitted by the last certificate of occupancy issued for said property, or the existence of an accessory apartment, without first obtaining and maintaining a valid accessory apartment permit, on any property within the Town of Babylon, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than $5,000 and not more than $10,000 or imprisonment for a period not to exceed one year, or both. B. Upon application of the Town Attorney's office (Special Assistant District Attorney), any offense based on a violation of this chapter may be reduced to an "attempted offense" as established by the New York State Penal Law § 110.00 . Penalties for the reduced charge of attempt shall be: (1) Any person who shall attempt to violate any of § 153-28A of this article shall be guilty of an offense and, upon conviction thereof, a fine of not less than $2,500 nor more than $5,000 must be imposed and a term of imprisonment for a period not to exceed 30 days may be imposed, or both. (2) Any person who shall attempt to violate any of § 53-28B of this article shall be guilty of an offense and, upon conviction thereof, a fine of not less than $500 nor more than $2,500 must be imposed and a term of imprisonment for a period not to exceed 30 days may be imposed, or both. C. Any person found by the Bureau of Administrative Adjudication to have violated § 153-28A of this article shall be subject to a monetary penalty of not less than $2,500 nor more than $10,000. Any person found by the Bureau of Administrative Adjudication to have violated § 153-28B of this article shall be subject to a monetary penalty of not less than $750 nor more than $10,000.
Babylon Town, N.Y., Code of Ordinances ch. 153 § 153-30 establishes penalties for property owners who allow more dwelling units than their certificate of occupancy permits, or who operate an accessory apartment without a valid permit. A full misdemeanor conviction can result in a fine between $5,000 and $10,000, up to one year of imprisonment, or both. The Town Attorney's office may reduce charges to an 'attempted offense' under New York Penal Law § 110.00, carrying lower fines and shorter potential jail terms, and the Bureau of Administrative Adjudication may separately impose civil monetary penalties ranging from $750 to $10,000 depending on the specific violation.
Plain English — not legal advice.
Under Babylon Town Code § 153-30, compliant property operators ensure that the number of occupied dwelling units never exceeds what is authorized by the property's most recent certificate of occupancy, and that any accessory apartment is covered by a current, valid accessory apartment permit before tenants occupy the space. Operators generally keep permit documentation readily accessible and update permits whenever a change in use or occupancy occurs. Failure to maintain these authorizations exposes an owner to criminal misdemeanor charges as well as civil monetary penalties adjudicated by the Bureau of Administrative Adjudication.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Babylon Town Code § 153-30 reflects the Town's enforcement framework for unpermitted dwelling units and accessory apartments, which can affect the legal status of a rental arrangement. Tenants who believe they are living in an unpermitted unit may contact the Town of Babylon's relevant code enforcement office or the Bureau of Administrative Adjudication to understand how violations are handled. Tenant-rights organizations familiar with New York housing law can help explain how an owner's permit status may relate to a tenant's rights and available remedies.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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